Kieferfreund Affiliate Agreement (KAA)

Kieferfreund AFFILIATE AGREEMENT

The following Kieferfreund Affiliate Agreement (KAA) applies to the affiliate relationship between you and Belive Concepts GmbH, Gusshausgasse 7, 4040 Linz (hereinafter referred to as “Belive Concepts GmbH”) as operator of the online shop www.kieferfreund.com (hereinafter “Online Shop”). The Affiliate program by Belive Concepts GmbH is delivered based on the KAA and website general terms of conditions (GTC) in the currently applicable versions. Other terms and conditions are only accepted if they have been expressly agreed in writing and binding.

Each a party (“Party”) and together the parties (“Parties”).

Definitions

Please find out how the terms below are to be understood in this Agreement:

Affiliate Pages/Sites– means your website and social media accounts found at [] and [] or any new versions created of these.

Purchase – means the payment by a person for a Kieferfreund product in our online shop that is resultant of following your unique affiliate link and completing the transaction in the same session or within the timeframe allowed for active cookies (24 hours).

Artificial Traffic – refers to website visitors and purchases sent to our website via your unique link that are non-genuine traffic. Artificial traffic includes but is not limited to: robots, generated scripts, spiders.

Click – means a person visiting our website via your unique affiliate link.

Successful referral:  when a person purchases a Kieferfreund product as a result of following your unique affiliate link.

Commission: the amount earned after a person has purchased a product in our online shop and has been referred to our website via your unique referral link. The rate of commission is determined by the Affiliate Tier you have signed up for. Please see the commission section for further conditions and information.

Commission payment: the pay-out of the total commissions earned in the qualifying time period (30 days/1 month). Currently, the qualifying time period is set to 30 days. Please see the commission section for further conditions and information.

 

  1. Obligations of Affiliate

You are under no obligation to sell a minimum number of products, however, we expect that as an affiliate, you are actively engaged in promoting Kieferfreund and its products in reasonable commercial effort to generate sales of Kieferfreund products.

You are obliged to promote Kieferfreund only in ways that do not have a foreseeable negative effect on the reputation of Kieferfreund/Belive Concepts GmbH (i.e. no intrusive, unfair, offensive, illegal content/activity).

You are under no obligation to utilise the marketing material we provide to you from time to time, although it is encouraged to do so.

You are obliged to immediately cease promoting Kieferfreund in any way we judge as unfit. When you receive such notice (in writing or verbally), you must cease such activities immediately.

You are obliged to declare to all potential customers/visitors and on all platforms you are utilising for promotional purposes – that you are acting as an affiliate (and receiving a commission) and not as Kieferfreund/Belive Concepts GmbH itself.

You are responsible to manage any and all of your affiliate campaigns and accounts.

You are responsible for complying with all applicable laws and data protection regulations applying to your promotional activity and management.

You agree not to generate or be involved utilising in any artificial traffic via. your unique affiliate link.

You agree to notify Kieferfreund immediately if you suspect any suspicious behaviour involving your affiliate links and account.

You agree to only have one (1) open and active affiliate account with us at any time.

You agree not to make purchases yourself using your unique referral link (e.g. for use of fraudulent re-selling or activity).

You agree to keep your contact and payment details up-to-date and accept that if we can’t make a commission payment due to lack of information, this may result in the commission not being processed.

You accept that the terms in our privacy policy and GTC also form part of your obligations to us. You agree that beyond the aforementioned Agreements and the KAA, you are in no other legally binding agreement with Belive Concepts GmbH.

 

  1. Obligations of Belive Concepts GmbH/Kieferfreund

We will provide you with a unique affiliate link and a dashboard to manage your affiliate account.

We are responsible for all content on our website. We (and the third parties we work with) are solely responsible for managing our website and offering. We cannot guarantee that our service will be available without interruptions.

Belive Concepts GmbH warrants that its content shall not have a foreseeable negative effect on the reputation of Kieferfreund/Belive Concepts GmbH and you as the affiliate (i.e. no intrusive or offensive content).

Our privacy policy and GTC also form part of our obligation to you. We provide access to our website to you in accordance with our GTC and privacy policy.

We will keep track of all purchases and affiliate referrals through the UAP software (Ultimate Affilate Pro).

We will pay all commissions in accordance with the terms outlined in this Agreement.

 

  1. Commisions

Belive Concepts GmbH shall pay 15% of the purchase price (including VAT if applicable). The rate of commission is determined by the Affiliate Tier you have signed up for. Currently this is set at 15% of the item price (including VAT if applicable). The price increase of an item due to other taxes and shipping are not included in your commission.

The time period for successful purchases is set to 30 days. At the end of 30 days, we will process any earnings and commissions for this period and make a payment to you within 60 business days.

Payment will be made to you by bank transfer (or PayPal if applicable). The currency of payment is Pound Sterling (£). As the affiliate, you are responsible for any fees or taxes that apply to receiving the commission payment.

In case a voucher code is used, this will affect the total price of the item and thus reduce the commission earned. Some voucher codes may not be compatible with our affiliate scheme and can result in a 0% earning of an otherwise qualifying purchase.

If you have earned less than £20 in the qualifying time frame of one month, this will roll over into the next month and be paid out to you in a given month once you have passed the threshold of £20.

Cancelled or refunded transactions will not constitute a commissionable purchase and will result in 0% commissions. If we have made payment to you for a cancelled purchase at a later date, we will deduct this from future earning in your affiliate account for the next month.

 

  1. Opening/Term of Account

This Agreement shall be effective from the date of opening an affiliate account with us. Opening an account is deemed as an acceptance of the terms in this Agreement.

The Agreement may be terminated by either party with immediate effect.  You may terminate your part in this Agreement by closing your affiliate account. We may terminate this Agreement by closing your account. We will usually aim to give 14 days prior written notice.

If either party is in breach of any irremediable parts of this Agreement, the Agreement shall be terminated immediately with or without the receipt of a written notice. Termination shall also apply if any remediable breaches occur that are not remedied within 30 business days of the receipt of a written notice of such breaches.

If an affiliate account is not used (inactive) for five (5) months, we may close your account without written notice.

If the Agreement between both parties has been terminated, all links and references to our website and/or social media account shall be removed from your website or social media channels (or any other public form of promotion).

If you close your account and have any unpaid commission earnings over £20, we will pay this to you in within 60 business days if applicable. If the amount is less than £20 this amount will be written off and no transfer will be made to you.

 

  1. Withdrawal/Account Closure:

You may close your Kieferfreund affiliate account at any time without prior notice. This may affect our ability to pay out your commission. If there are any outstanding amounts or orders placed via your link after your account is closed, will aim to pay you within 60 business days. However, we may be unable to make payment to closed accounts if the outstanding amount is below £20 or we don’t hold the necessary payment details. If your account was closed due to your breach of this Agreement, we will not make a payment to you.

If you don’t know how to close your account or would like us to delete your account, please send us an email to support [at] kieferfreund.com with the subject line ‘affiliate account closure’.

We may close your account at any time. We aim to give you written prior notice of 14 days.

 

  1. Intellectual Property

The website operated by Belive Concepts GmbH as well as its entire content, in particular texts, photos, pictures, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software and all trademarks and / or designs are protected by industrial property rights, in particular Copyright, name and image rights, trademarks and / or registered or unregistered design rights are protected against unauthorized use.

With the exception of promotional affiliate material made available to you – all news, graphics and the design of the website www.kieferfreund.com is solely for the personal information of the customers of Belive Concepts GmbH. Use at your own risk.

For the use of promotional affiliate material provided by us, Belive Concepts GmbH shall grant you non-exclusive and non-transferrable licence for sole use in accordance with this Agreement. This Agreement does not grant affiliate any intellectual property rights over the material provided or any material and content located on our website or social media platforms.

Reproduction, copying and printing of the entire website are only permitted for the purpose of placing an order with Belive Concepts GmbH as the operator of the virtual shop. Any use outside the search and purchase of goods requires the prior written consent of Belive Concepts GmbH or, if the respective rights are not held by Belive Concepts GmbH, on the part of the copyright holder. Any further processing, duplication, distribution and / or public reproduction exceeds the usual usage and constitutes a violation of copyright.

All of your own intellectual property rights shall not be impacted (e.g content/material on your site), and Belive Concepts GmbH shall have no intellectual property rights over your materials.

 

  1. Privacy Policy, Consent and Confidentiality

 

Both parties agree to adhere to confidential and EU data protection laws in terms of holding of sensitive information related to any purchases and data stored (see our Privacy Policy).

The provisions of the Data Protection Act in the current version are complied with.

You agree that Belive Concepts GmbH collects, uses, processes and evaluates your data and all data resulting from the business/affiliate relationship for its services and associated services. You agree that Belive Concepts GmbH may use the same data to send information about products, services, special offers or promotions by post, telephone, fax or email. You can withdraw this consent at any time in writing by email or by post:

Belive Concepts GmbH

Gusshausgasse 7

A-4040 Linz

e-mail: office [at] kieferfreund.com

In the event of possible misuse of the data provided by third parties, Belive Concepts GmbH assumes no liability.

 

  1. Medical Disclaimer

Information does not replace any medical or therapeutic treatment. The information offered by Kieferfreund is for your information only and in no case replaces personal consultation, examination or diagnosis by a physician.

Kieferfreund makes no promise of healing, does not serve the purpose of diagnosis and does not replace any medical or therapeutic treatment. The information does not replace the doctor’s visit, but it can complement and support the dialogue between patient and doctor. In particular, Belive Concepts GmbH does not guarantee the correctness of the information given on the mode of action of medications or therapies and strongly recommends that you consult a doctor before using Kieferfreund products. Kieferfreund is only to be regarded as a supporting measure. We also warn against self-medication. The content provided by Kieferfreund cannot and must not be used to make independent diagnoses and / or to independently select and use or modify or discontinue medications, other medical products or treatments. If in doubt, talk to your doctor in advance.

  1. Limitation of Liability

We are not liable to you for any losses incurred due to a disruption of our website and/or offering or error(s) occurring in relation to the functionality of your unique affiliate link. This includes errors occurring for purchases by visitors you have referred to us. We are not liable to you in case of damage to your website/social media pages.

Belive Concepts GmbH is only liable for damages caused by intent or gross negligence. The liability for damages caused by slight negligence is excluded. This liability limitation does not apply to personal injury. The replacement of the consequential damages, financial losses, unrealized savings, interest losses and damages of claims of third parties against the customer is excluded, unless it was caused by Belive Concepts GmbH intentionally or grossly negligent.

For damages due to improper handling and improper use of the goods, liability of Belive Concepts GmbH is excluded.

In relation to the KAA (Kieferfreund Affiliate Agreement), the maximum liability due to breaches of tort, statutory or contract is not to be more than 1 year (12 months) of commission earnings earned by you as the affiliate.

 

  1. Complaints / Dispute Resolution

If you have any complaints, feel free to contact our customer service office [at] kieferfreund.com. We do not participate in an alternative dispute resolution system. For out-of-court settlement of consumer disputes, the European Union has set up an online platform (“OS platform”) to contact. The platform can be found at: http://ec.europa.eu/odr

 

  1. Final Provisions

Place of fulfilment of products is Linz, Austria.

Insofar as mandatory statutory provisions do not preclude this, Austrian law is expressly applicable to this contract; the application of UN sales law is expressly excluded. The same applies to the place of jurisdiction in the event of disputes: the competent court is the competent court at the headquarters of Belive Concepts GmbH.

Should individual provisions of these terms and conditions be invalid or unenforceable, the validity of the remainder of these terms and conditions shall remain unaffected (this includes the GTC). The invalid or unenforceable provisions in this case will be replaced by such valid and enforceable provisions, which come closest to the purpose of the legally and economically to be replaced.

This Agreement does not constitute a partnership or binding relationship between you and Belive Concepts GmbH in any way.

By signing up to become a Kieferfreund Affiliate and thus entering this Agreement, both parties agree not to apply any other terms other than those expressed in this Agreement and our Privacy Policy/GTC.  No material terms of this Agreement may be changed or waived other than by prior and direct written Agreement between both parties.